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HomeMy WebLinkAbout04-0653Barbara Sumple-Sullivan, Esquire Supreme Cour~ #32317 549 Bridge Street New Curaberland, PA 17070 (717) 774-1445 STEPHEN P. GIFT, Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. APRIL M. GIFT, Defendant CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAlM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TI-~M. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEPHEN P. GIFT, Plaintiff APRIL M. GIFT, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY 'NO. 6q- 6rs CUSTODY COMPLAINT 1. The Plaintiff is Stephen P. Gift (hereinafter referred to as "Father"), who currently resides at 604 Heritage Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is April M. Gift (hereinafter referred to as "Mother"), who currently resides at 3 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. NAME P. Alexander Gift Plaintiff seeks shared legal and primary physical custody of the following children: PRESENT RESIDENCE 604 Heritage Court Mechanicsburg, PA 17055 Ryan M. Gift 3 Truffle Glen Road 2/4/1988 Mechanicsburg, PA 17055 DATE OF BIRTH 10/24/1985 4. The children were in the custody of Mother who is currently residing at 3 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 until February 10, 2004 when Alex was put out of the home by Defendant to reside with his Father. 5. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS 1N HOUSEHOLD As to Ryan: February 10, 2004 to Present 3 Truffle Glen Road Mechanicsburg, PA 17055 Mother and Ryan As to Alex: February 10, 2004 to Present 604 Heritage Court Mechanicsburg, PA 17055 Father and Alex November, 2002 to February 10, 2004 3 Truffle Glen Road Mechanicsburg, PA 17055 Mother February, 1999 to November, 2002 3 Truffle Glen Road Mechanicsburg, PA 17055 Father and Mother 6. The Father of the children is Stephen P. Gift, currently residing at 604 Heritage Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. The Mother of the children is April M. Gift, currently residing at 3 Truffle Glen Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. The parties are currently married but separated from each other since November, 2002. 2 currently resides with the following persons: NAME P. Alexander Gift The relationship of the Plaintiffto that of the children is that of Father. The Plaintiff RELATIONSHIP Son resides with the following persons: NAME Ryan M. Girl The relationship of the Defendant to the children is Mother, The Defendant currently RELATIONSHIP Son 10. Plaintiff` has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. The Plaintiff` has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiffdoes not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can provide a stable, loving environment for his children. Plaintiff 3 seeks to spend consistent time with the children on a regular schedule, free from conflict with Defendant in such scheduling. Plaintiffhas concerns about supervision by Defendant of the children and erratic behavior of Defendant. 14 Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiffrequests the Court to grant sh~fl the children to the Plaintiff DATE: February/~,, 2004 ! legal and physical custody of Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070- 1931 (717) 774-1445 Supreme Court I.D. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEPHEN P. GIFT, Plaintiff APRIL M. GIFT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY Defendant : NO. VERIFICATION I, Stephen P. Gift, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: February ,2004 STEPHEN p. GIFT PLAINTIFF APRIL M. GIFT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 04-653 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Tuesdag2 Febxuar~_ 2__4, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sund~, the conciliator, at 39 West Main Street, Meehanicsburg±.PA 17055 on Thursday, March 25, 2004 at 10:__30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All ehildren age five or older may a so be r~resent at the conference. Failure to apl~ear at the conference may provide grounds for entry cfa temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours Drior to scheduled hearinl~. FOR THE COURT. Custody Conciliator The Court of Common Pleas of Cumberland ounty ~s reqmred by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATFORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TttE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,bO- .... ,.. C.7l' J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEPHEN P. GIFT, Plaintiff ' 1N TI-It: COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY APRIL M. GIFT, Defendant : NO. 04-653 ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, hereby accept service and acknowledge receipt of the above- captioned Custody Complaint on behalf of my client, April M Gift, having received said Complaint on the ~7~ day of February, 2004. I hereby indicate I am authorized by my client to accept service on her behalf 525 North Tweh°th Street P.O. Box 168 Lemoyne, PA 17043 Telephone No. (717) 761-5361 Supreme Court I.D. No. STEPHEN p. GIFT Plaintiff VS. APRIL M. GIFT Defendant IN THE COURT OF COMaMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA 04-653 CIVIL ACTION LAW IN CUSTODY .ORDER OF COURT AND NOW, this /~ ~ day of ~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in a course of family/coparenting counseling with a professional selected by agreement. The parties shall obtain a written report from the counselor in 90 days after initiation of the counseling sessions addressing the concerns raised by the parties and providing recommendations, if appropriate. The parties shall follow the recommendations of the counselor with respect to the Child's participation in the counseling. The parties shall equally share any unreimbursed costs of counseling. 2. The Father, Stephen P. Gift, and the Mother, April M. Gift, shall have shared legal custody ofRyan M. Gift, bom February 4, 1988.. Each parent shall have an equal right, to b,e exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child s general well- being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the ChiM on alternating weekends from Friday after school through Monday morning before school. The alternating weekend schedule shall begin with the Father having custody of the Child on Friday April 1.5, 2004. In addition, the Father shall have custody of the Child during alternating weeks on Wednesday from after school through Thursday morning and during the interim weeks on Wednesday fi'ora after school through 9:00 pm. The Father may have custody of the Child at additional times as arranged by agreement between the parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. Each parent shall be entitled to have extended periods of vacation custody with the Child during the Summer school break each year as arranged by agreement between the parties. 7. Within 60 days of receipt of the counselor's report, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 8. This Order is entered pursuant to an agreement of the p;~ies at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY T URT, cc: Samuel L. Andes, Esquire - Counsel for Mother Barbara Sumple-Sullivan, Esquire - Counsel for Father STEPHEN p. GIFT Plaintiff VS. APRIL M. GIFT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-653 CIVIL ACTION LAW IN CUSTODY ,CUSTODY CONCILIATION SUMMARY REPORT W TH CtmB ,m D COUNTY aULE OF CIVIL 1913.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Ryan M. Gift DATE OF BIRTH February 4, 1988 ~URRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on April 6, 2004, with the following individuals in attendance: The Father, Stephen p. Gift, with his counsel, Barbara Sumple-Sullivan, Esquire, and the Mother, April M. Gift, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ate Dawn S. Sunday, Esquire/ Custody Conciliator